Brandon Flewwelling

The applicant appealed the City of Cambridge's refusal of its Official Plan and Zoning By-law Amendment applications to permit three, three-storey stacked townhouse buildings.

The parties subsequently reached a full uncontested settlement.

Based on uncontested expert land use planning evidence, the Tribunal found the settlement, which included an increase in density to 76 units per hectare and a prohibition on geothermal wells, was consistent with the Provincial Planning Statement and conformed to the applicable Official Plans.

The Tribunal allowed the appeals in part and approved the settlement.

The applicant appealed the City of Cambridge Committee of Adjustment's refusal of a minor variance application to permit an increase in the maximum number of used motor vehicles sold per service bay from two to five.

The subject property operates as a motor vehicle repair business in an industrial zone, where used car sales are permitted as an accessory use.

The Ontario Land Tribunal allowed the appeal and authorized the variance, finding that it satisfied the four tests under s. 45(1) of the Planning Act.

The Tribunal accepted expert planning evidence that the variance maintained the intent of the Official Plan and Zoning By-law, was desirable for the property, and was minor in nature, as the primary use would remain vehicle repair and the character of the area would not be negatively impacted.